To Key or Not to Key? The Judgment of the European Court of Justice in the Google France AdWords cases

摘要

The judgements of the CJEU in March 2010 in Google v Louis Vuitton constituted a major landmark in the AdWords litigation that has rocked EU trade mark law over the last decade. In those judgements the Court held conclusively that the storage by an internet referencing service provider as a keyword of a sign identical to a trade mark does not amount to infringement. But is it therefore "Game Over" for trade mark proprietors incensed by the unauthorised use of their brands as keywords? This article suggests not, and explores how the judgements leave scope for brand owners to fight another day.